Appeals Court Allows Florida to Enforce Law Restricting Children at Drag Shows
A federal appeals court cleared the way for Florida to enforce a law restricting children from attending certain live performances deemed sexually explicit, including some drag shows. The U.S. Court of Appeals for the 11th Circuit ruled Tuesday in an 8-5 decision that a challenge from Orlando restaurant Hamburger Mary’s was unlikely to succeed.
The court vacated a preliminary injunction that had blocked enforcement of the law and sent the case back to a lower court for further proceedings. Florida Attorney General James Uthmeier celebrated the decision on social media, calling it a victory after three years of litigation.
The law, known as the Protection of Children Act, makes it a misdemeanor to knowingly admit a child to an adult live performance that depicts nudity, sexual conduct, or lewd conduct, among other criteria. The law defines an “adult live performance” as one that appeals to prurient interests, is patently offensive to minors, and lacks serious value for children’s education or development.
In its ruling, Judge Andrew Brasher described the law as “a straightforward regulation of obscenity,” stating that preventing children from attending such performances aligns with Florida’s interest in protecting minors. The majority rejected arguments that the law was unconstitutionally vague or overly broad, emphasizing that all parts of the obscenity test must be met for enforcement.
Two dissenting judges argued that the law could chill protected speech and impose strict liability based on a child’s age, potentially exposing operators to criminal penalties and fines. They also raised concerns about the law’s impact on free expression and the potential for vague enforcement.
Hamburger Mary’s filed the lawsuit in 2023 after canceling previous drag performances for minors out of fear of enforcement. The case initially resulted in a district court injunction, but the full appeals court’s decision now allows Florida to proceed with enforcement, though further legal challenges remain possible.
The offices of DeSantis and Uthmeier, as well as the ACLU of Florida, did not immediately respond to requests for comment, according to reports.
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